The specific characteristics of EU law as regards judicial review in CFSP matters
Lastly, the Court analysed the specific characteristics of EU law as regards judicial review in matters of the common foreign and security policy (‘CFSP’). The CJEU has limited jurisdiction over CFSP acts, and so it is possible that it would have no chance to interpret the EU law at issue prior to an ECtHR ruling in a case concerning the human rights compatibility of a CFSP measure in Strasbourg. In such a situation, the ECtHR would itself interpret EU law without the aid of the CJEU. This might jeopardize the autonomy of Union law, and also the ECJ’s interpretative monopoly under Article 344 TFEU. For example, if as a consequence of an EU military action, a human rights violation were pleaded, it would appear that, post accession, an action against the EU in the Strasbourg court would be feasible. Such a situation would effectively entrust the exclusive judicial review, as regards compliance with the rights guaranteed by the ECHR on the part of the EU, to a non-EU body. Therefore, the ECJ held that the draft agreement failed to have regard to the specific characteristics of EU law with regard to the judicial review of acts in the area of the CFSP.